Law-&-Order
Lockdown breaches: Ensure health safety while arresting people, says High Court
The High Court on Wednesday asked the attorney general to speak to authorities concerned so that health safety rules are followed after rounding up Covid lockdown rule-breakers – while taking them to police stations and producing before lower courts.
The bench of Justice M Enayetur Rahim said this to Attorney General AM Amin Uddin as Supreme Court lawyer Md Asad Uddin placed the issue before the judge.
Also read: Lockdown Breaches: 1102 arrested, Tk 18.6 lakh fined on day 7
"Lawyer Md Asad Uddin said around 400 to 5,00 people are being arrested and punished for breaking Covid lockdown rules every day. Thirty to 50 of them are being taken to the police station and court by a single prison van, ignoring health safety rules. Health safety cannot be breached while punishing the rule-breakers, " Justice Enayetur Rahim told Attorney General Amin Uddin.
In reply, Attorney General Amin Uddin said, "I will talk to the authorities concerned about this issue so that appropriate steps are taken to ensure health safety rules when the arrestees are carried to police stations and produced before courts."
Also read: 467 arrested on day 6 of strict lockdown
Justice M Enayetur Rahim also asked the attorney general to talk to the registrar general of the Supreme Court so that appropriate measures are taken.
SC commutes death sentence of a father over killing his minor son
The Supreme Court on Tuesday commuted the death sentence awarded to a man for killing his four-year-old son in 2007 reducing it to 10-year imprisonment.
The six-member virtual bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain passed the order following an appeal petition filed by the convict against the High Court order.
The bench also asked to release him soon if the convict is not found accused in any case. Perhaps the convict has remained behind bars since 2007.
Advocate Mohammad Helal Uddin Mollah stood for the convict Jashim while Deputy Attorney General Biswajit Debnath represented the state.
Also read: Kafil Uddin murder: SC commutes death sentence of 3 convicts
Jashim’s counsel Advocate Mohammad Helal said “Jashim did not kill his son intentionally as he had no control over his rage.”
According to the prosecution, Jashim, the convict used to live in his in-laws’ house with his wife and four-year-old son in Mehendiganj of Barishal district.
On March 31, 2007, Jashim’s mother-in-law hit him with a broom while he had his supper and pushed Jashim’s son Shamim down over his demand of Tk 2,000 from her, leaving the boy injured.
At one stage, Jashim killed his son.
Also read: Jhalakathi PP murder: HC upholds death sentence of 5 JMB men
Fatema Begum, wife of Jashim filed a case with Mehendiganj Police Station.
On July 28, 2008, a court found Jashim guilty of killing his own son and sentenced him to death.
On November 14, 2013, the High Court upheld the lower court verdict.
HC directs to prioritize jabs for students going abroad
The High Court on Sunday asked the authorities to administer coronavirus vaccines to Bangladeshi students going abroad for studies on priority basis.
The single-judge bench of Justice M Enayetur Rahim directed Attorney General AM Amin Uddin or the concerned court’s Deputy Attorney General Samarendra Nath Biswash to contact the directorate general of health services over this issue.
Also read: Nationwide mass vaccination to resume Thursday
The directive came after lawyer SK Jahangir Alam sought court’s intervention in arranging Covid-19 vaccines for the students who want to go abroad for education.
The court asked the deputy attorney general to talk to the directorate without waiting for an order since for most students going abroad the academic sessions begin in August and September.
Also read: Massive vaccination to begin in July: PM
The court also directed lawyer Jahangir to submit an application in this regard at the DGHS.
Law to be reformed to protect dignity of rape victims: Minister
Sangsad Bhaban, Jun 30 (UNB) - The government is working to amend the existing Evidence Act, seeking to remove the provision to make 'negative' remarks on the character of any rape victim in a rape case.
Law Minister Anisul Huq on Wednesday said this while responding to opposition MPs’ various proposals on the cut-motion during the passage of the proposed national budget for 2021-22.
Read:Much-talked-about changes to rape law passed in parliament
“According to Section 155 of the Evidence Act, there’s a sub-section to talk about the character of the victim in a rape case. That will be amended," he said.
The minister hoped that a Bill will be placed in the next session of parliament likely to be held in September with necessary amendment to the existing Evidence Act.
According to the Section 155 (4) of the Evidence Act, 1872 which provides that when a man is prosecuted for rape, it may be shown that the complainant was of immoral character, therefore raising the question of the victim's character as a justification of rape.
This has been criticised heavily for not upholding equality and special protection for women as guaranteed by the Constitution of Bangladesh itself.
Allegations of rape are usually filed under the Women and Child Repression Prevention Act.
In November last, the government amended the Women and Child Repression Prevention Act.
The word 'rape' was replaced by the word 'rape victim' through the amendment. In addition, the provision of maximum punishment for the crime of rape was included in the law.
Read: 'Go to the gallows if you rape'; Cabinet approves draft law
The law minister also said the use of digital and information technology will be added to the Evidence Act.
He said a process is underway to update the Evidence Act.
HC asks police investigators: Explain allegation of forced murder confession from a minor
The High Court on Tuesday summoned two police investigators to appear before it and explain the allegations of forcing a minor boy to confess the murder of his younger brother.
Nayan Kumar, then in charge of investigating the murder of an eight-year-old boy in 2015, and Md Mansur Ali, the current Investigation Officer (IO), have been asked to appear before the court by 10:30 am on August 3.
Nayan is now an inspector of Criminal Investigation Department of Police in Natore, and Mansur is a sub-inspector of Police Bureau of Investigation in Bogura.
The HC bench of Justice Jahangir Hossain and Justice Md Atoar Rahman passed the order following a petition filed by five Supreme Court lawyers.
On June 20, the lawyers drew attention of the court to a newspaper report that the accused, 12-year-old brother of the victim was forced to give a confessional statement on the murder.
Also read: What action has been taken against Madrasa teacher over beating student, HC asks
The petitioners challenged the legality of the case and sought necessary directives in this regard.
The court fixed June 29, this Tuesday, for hearing.
Advocate Sishir Monir stood for the petitioners, while deputy attorney general Mohammad Bashir Ullah represented the state.
According to the newspaper report, an eight-year-old boy in Sariakandi upazila of Bogura district was found dead after he had gone missing on August 25, 2015.
Mahidul, victim’s father filed a case with Sariakandi Police Station the following day.
On November 29, 2015, police visited the house of Mahidul and arrested his elder son, who was 12-years-old, in this connection.
On November 30 same year police produced the boy before the Bogura Senior Judicial Magistrate Court where the boy gave a confessional statement.
Also read: Why no separate compartment for women in trains: HC asks govt
In the confessional statement, the boy said he killed his younger brother as his parents loved him more than him.
Later, the court asked the boy to live with his parents as he was a minor.
Referring to a Bogura court order Advocate Sishir said “The state counsel said that the IO submitted a fake chargesheet against the victim without investigating properly.”
He said proper investigation is needed to unearth the real picture. PBI should investigate the case. Besides, there is contradiction between the chargesheet and post-mortem report which indicates that fake chargesheet has been given.”
Meanwhile, the accused boy was admitted to hospital after he gave confessional statement under section 164.
The victim also alleged that he was tortured for making the statement before the court.
Graft case: Court orders confiscating properties of Ex-OC Pradeep, wife
A court here on Tuesday asked the deputy commissioners of Cox’s Bazar and Chattogram to confiscate the assets of ex-OC of Teknaf Model Police Station Pradeep Kumar Das and his wife in a graft case.
Chattogram Metropolitan Session Judge Sheikh Ashfaque Rahman passed the order following a petition filed by the Anti-Corruption Commission (ACC).
ACC filed the case against sacked OC Pradeep, now in jail in Major(retd) Sinha murder case, and his wife for amassing wealth worth Tk 4 crore on August 23.
Also read: Ex-OC Pradeep denied bail in ACC case
Emran Hossain, court inspector, said the court ordered to confiscate the assets Pradeep and his wife and appoint a receiver.
However, Chumki Karon, wife of Pradeep, remained absconding since Pradeep’s arrest in the Maj. (retd) Sinha Mohammad Rashed Khan murder case.
ACC sources said the anti-graft watchdog’s investigation against Pradeep started in 2018.
On April 20 last year, Pradeep and his wife were asked to submit their wealth statement and they submitted their wealth statements in June that year.
Also read: Graft case: OC Pradeep denied bail
After a long investigation, the ACC reportedly found information that the couple acquired assets worth more than Tk 4 crore illegally.
Sinha was killed in police firing at Baharchhara police check-post on July 31. His elder sister Sharmin Shahriar Ferdous filed a case at Teknaf Senior Judicial Magistrate Court on August 5.
Ex-OC Pradeep surrendered the following day.
Also read: Ex-OC Pradeep sued over ‘killing’ two in crossfire’
On June 27, a Cox’s Bazar court framed charges against 15 accused, including Pradeep Kumar Das, in the major (retd) Sinha MD Rashed Khan murder case.
HC decides to revive troubled People’s Leasing and Financial Services Ltd.
The High Court on Monday decided to revive the embattled People’s Leasing and Financial Service Limited (PLFSL) and form a new board of management to lead the reconstruction.
Justice Muhammad Khurshid Alam Sarkar passed the order after hearing virtually a petition filed by 201 depositors of PLFSL, lawyers involved with the case said.
Last week, the aggrieved depositors filed a petition seeking revival or reorganisation of PLFSL.
The petitioners opposed any liquidation of the company urging Bangladesh Bank to make a plan to revive it.
Advocate Ahsanul Karim stood for the petitioners, while Advocate Tanzib-ul Alam represented the Bangladesh Bank and Advocate Mezbahur Rahman stood for PLFSL.
PLFSL has failed to provide any profit to its depositors since 2014. On July 14, 2019, the company closed its shares in the share market.
On July 14, 2019, Bangladesh Bank filed a case seeking closure of the company.
Later, the court asked to take necessary steps to liquidate the company. It also asked to appoint a liquidator of deputy managing director rank for this.
Bangladesh Bank has appointed Asaduzzaman Khan, deputy managing director of Financial Establishment and Market Department and sought a list of loan defaulters.
Following the directives, a list of 500 loan defaulter has been submitted on November 23, last year.
Meanwhile, the court issued a show cause notice to 280 loan defaulters and asked them to appear before the court physically.
In March last, the High Court issued a travel ban on 122 loan defaulters, who failed to appear before the court and asked the authorities concerned to collect the address of them.
SC dismisses HC order related to hiring of 2,500 teachers
The Supreme Court on Monday said the Non-government Teachers' Registration and Certification Authority (NTRCA) does not have to recommend the hiring of 2,500 petitioners as teachers in private educational institutions.
A six-member bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain struck down a High Court order to the NTRC to recommend recruitment of the teachers. At the same time the bench rejected the contempt of court rule against NTRCA.
Also read: HC revokes stay order on recruitment process of 54,000 teachers to private institutions
Senior Advocate Barrister Fida Kamal and Advocate Mohammad Kamruzzaman stood for NTRCA while Advocate Khurshid Alam represented the petitioners.
On May 31, the High Court asked the NTRCA to recommend appointment of 2500 writ petitioners in MPO-listed private educational institutions by four weeks.
On June 13, the NTRCA authorities filed a petition with the Supreme Court seeking a stay order against the HC order.
On June 22, the Chamber Judge of the Appellate Division sent the petition to the full bench of the Appellate Division.
Also read: Appoint 17 NTRCA registered teachers within 3 months: HC
In 2017, the High Court had directed the government to prepare a merit list of the candidates who have passed the registration test for appointment as teachers to private schools and colleges, after hearing petitions over it.
In 2019, the petitioners filed contempt of court petitions as the authorities concerned have not complied with the directives.
Later, the HC issued contempt of court rule against NTRCA.
On March 30 this year, the NTRCA issued a circular appointing around 54,000 teachers to private schools
On May 6, the HC stayed the process for appointing around 54,000 teachers to private schools, colleges and madrasas across the country and also ordered NTRCA to recommend in seven days to the authorities concerned of the private educational institutions to appoint the qualified candidates.
Court orders freezing bank accounts of Sayeed Khokon, family members
A Dhaka court has ordered freezing eight bank accounts of former mayor of Dhaka South City Corporation (DSCC) Sayeed Khokon and three of his family members.
ACC deputy director Jalaluddin Ahmed filed a petition on Sunday seeking steps to freeze the bank accounts as part of their investigation.
Read:HC rejects bail plea of suspended ACC director Enamul
Judge of the Senior Special Judge's Court KM Emrul Kayesh passed an order later in the day following the filing of the petition.
The eight bank accounts belong to Sayeed Khokon, his wife Farhana Alam, sister Shahana Hanif and mother Fatema Hanif as part of an investigation into allegations of corruption, a source at the Anti-Corruption Commission (ACC) told UNB on Monday.
Read:Taposh not fit to be mayor: Sayeed Khokon
Of the eight bank accounts, three belong to Syeed Khokon’s businesses, the source added.
Rule issued on use of derogatory words towards wife in divorce notice
The High Court on Sunday issued a rule questioning why using derogatory language towards a wife in a divorce notice shouldn’t be declared illegal.
The bench of Justice M Enayetur Rahim and Justice Mostafizur Rahman issued the rule during a hearing of a writ petition filed by a woman.
The court also asked why a specific form of divorce notice hasn't been formulated.
Three respondents, including the Ministry of Law and Directorate of Registration have been ordered to submit an answer within the next four weeks in this regard.
Abdullah Al Noman, lawyer presenting the petitioner’s side, said there is no official form for sending divorce notice. Objectionable language against women was being used in the one produced by the judges, hence the writ petition was filed, he said.
Deputy Attorney General Bipul Bagmar represented the state.
The writ petition was filed by Rakhi K Zaman, currently working at the Windsor University of Canada.
The petition said, a divorce notice sent to Rakhi by her husband Rakib Muktadir in 2017 says “The wife is disobedient to her husband, which goes against the Islamic Shariah law. I (Rakib) have many times tried to change her unmannerly attributes many times but she (Rakhi) didn’t change.”
Saying the use of this kind of language against women is insulting, irrational and unlawful, Rakhi filed the petition at court on June 2.
“This also causes many complications for women when they opt for getting married again,” said advocate Abdullah Al Noman.
The writ says, according to Muslim Family Laws Ordinance 1961 and Muslim Marriage and Divorce (Registration) Act, 1974 using this kind of language harms women’s honor and right as a human.
Also it violates sections 27,2 8, and 32 of the constitution, Rakhi says in her petition.